PURPOSES AND FUNCTIONS OF LAW

What is the function of law?

How effective do you believe our laws are?

Jurisprudence: The study of law and legal philosophy

Study of law has been around since the beginning of recorded history

Law: Set of rules that allow people to live together

Enforced by the government Regulate people in society

Can be written or unwritten…What are some examples?

In the United States, laws are created through the democratic process.

Rules must be known in advance

No one is above the law

“RULE OF LAW”

Protect basic human rights

Promote fairness

Help resolve conflicts

Promote order & stability

Promote desirable economic and social behavior

Represent the will of the majority

Protect the rights of minorities

GOALS OF OUR LEGAL SYSTEM

Laws must balance rights with responsibility

Ex. You have the right to drive, but you must follow the law while

driving

Laws are often based off values…

Moral – Question of right or wrong

Examples:

Laws are often based off values…

Economic – Deal with accumulation, preservation, use and distribution of wealth

Examples:

Laws are often based off values…

Political – Reflect the relationship between the government and the people

Examples:

Laws are often based off values…

Social – Issues important to society

Examples:

Laws are often based off values…

Moral, economic, political, and social laws Are there laws that overlap?

Criminal Law – used to regulate public conduct

Government vs. Defendant

Misdemeanor – Less seriousPrison term of less than 1

yearFelony – More serious

Prison term of more than 1 year

“Beyond a reasonable doubt.”

Civil Law – Regulates between individuals or groups

Person (plaintiff) against person (defendant)

Usually brought on by a “civil action”

“Preponderance of evidence.”

TYPES OF LAWS